West Virginia Code 29-3E-11 – Violations of this article; penalties
(a) A person may not intentionally ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner to do so.
Terms Used In West Virginia Code 29-3E-11
- Consumer fireworks: means small fireworks devices that are designed to produce visible effects by combustion that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C. See West Virginia Code 29-3E-2
- fireworks: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. See West Virginia Code 29-3E-2
- Person: means an individual or the responsible person for an association, an organization, a partnership, a limited partnership, a limited liability company, a corporation or any other group or combination acting as a unit. See West Virginia Code 29-3E-2
- Sparkling devices: means "ground or handheld sparkling devices" as that phrase is defined under APA 87-1, sections 3. See West Virginia Code 29-3E-2
(b) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building.
(c) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people.
(d) A person may not intentionally ignite or discharge any consumer fireworks or sparkling device while the person:
(1) Is under the influence of alcohol;
(2) Is under the influence of any controlled substance;
(3) Is under the influence of any other drug; or
(4) Is under the combined influence of alcohol and any controlled substance or any other drug.
(e) A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer fireworks.
(f) The provisions of this section shall be effective June 1, 2016.